Appendix C – Biological Assessment & USFWS Concurrence Letter

United States Department of the Interior

FISH AND WILDLIFE SERVICE New Mexico Ecological Services Field Office

2105 OsunaNE Albuquerque, New Mexico 87113

Phone: (505) 346-2525 Fax: (505) 346-2542

August 6, 2014

Cons. # 02ENNM00-2014-1-0432

Cid Morgan, District Ranger Sandia Ranger District 11776 Highway 337 Tijeras, New Mexico 87059

Dear Ms. Morgan:

This responds to your biological assessment (BA) requesting informal consultation for the effects of the Sulphur Forest Restoration Project on the Sandia Ranger District, Cibola National Forest. As documented in your BA, which is hereby incorporated by reference, we find that your proposed action wi l l have insignificant and discountable effects to the Mexican spotted owl (Strix occidentalis lucidd) (MSO). Therefore, the Service concurs with your determination of "may affect, is not likely to adversely affect" the MSO for the following reasons: 1) surveys conducted according to the currently accepted protocol indicate that potential and/or suitable habitat within the proposed action area and within one half-mile of the action area are currently unoccupied; 2) it is not likely that MSO currently use the action area for foraging, and 3) it is unlikely that MSO wil l disperse into the action area during implementation of the proposed action.

This concludes section 7 consultation regarding the proposed action. I f monitoring or other information results in modification or the inability to complete all aspects of the proposed action, consultation should be reinitiated. Please contact the Service if: 1) future surveys detect listed, proposed or candidate species in habitats where they have not been previously observed; 2) the proposed action changes or new information reveals effects of the proposal to listed species that have not been considered in this analysis; or 3) a new species is listed or critical habitat designated that may be affected by the action.

Thank you for your concern for endangered species and New Mexico's wildlife habitats. I f you have any questions, please contact Eric Hein of my staff at the letterhead address or at (505) 761-4735.

cc: Director, New Mexico Department of Game and Fish, Santa Fe, New Mexico Director, New Mexico Energy, Minerals, and Natural Resources Department, Forestry Division,

Santa Fe, New Mexico

Sincerely,

Field Supervisor

United States Department of Agriculture

Forest Service

Southwestern Region

May 2014

Biological Assessment

Sulphur Forest Restoration Project

Sandia Ranger District Cibola National Forest Bernalillo County, New Mexico

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

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Biological Assessment

Sulphur Forest Restoration Project Sandia Ranger District

Cibola National Forest

USDA Forest Service Southwestern Region

Bernalillo County, New Mexico

A. INTRODUCTION: The Cibola National Forest is proposing to implement the Sulphur Forest Health

Restoration Project on the Sandia Ranger District. The purpose of this Forest Restoration

Project is to move the existing conditions in the 1677 acres project area towards the

desired conditions outlined in the Cibola National Forest (CNF) Land and Resource

Management Plan (LRMP) of 1985 as amended in 1996 for Mexican spotted owl and

Northern goshawk. High tree densities in the area have an ongoing potential for insect and

disease outbreaks and increases in potential for uncharacteristic wildfire. On a majority of the

project area fire no longer plays its natural role in maintaining ecosystem structure and function.

The objectives of this landscape restoration project are to conduct treatments to restore

forest health for resiliency to drought, insect and disease, and uncharacteristic wildfire.

Treatments that promote an uneven-aged forest structure and mimic natural disturbance

patterns will also increase wildlife and vegetation diversity and improve scenic quality.

Improved forest health includes an uneven aged stand structure for vegetation, properly

functioning riparian areas in satisfactory conditions, a reduction of fuel ladders

(vegetation that allows fire to climb into the tree canopy) to limit the severity of future

fire events, enhanced watershed functions, and enhanced scenic quality e.g. enhancing

views and spatial distribution of trees. Overall, the objectives of thinning will be for

wildlife habitat improvements, fuels reduction, and visual resource enhancement, with

secondary benefits of providing firewood.

Project Location: The Sulphur Forest Restoration Project area is located in the Wildland

Urban Interface along the eastern boundary of the Sandia Ranger District (SRD) in

Bernalillo County. It begins directly south of New Mexico State Highway 536 and

extends south for approximately 3 miles to the CNF Boundary in portions of Township

11 North, Range 5 East, sections 14, 15, 22, 23, 26 and 27 New Mexico Principal

Meridian.

The project area is within Management Area 2, as defined by the CNF LRMP,

“Management emphasis is on providing opportunities for a variety of year round

recreational experiences consistent with guidelines established for maintaining viable

wildlife populations and ecosystem health. Wildlife diversity and population viability

will be maintained or improved through habitat management using such tools as

prescribed fire, timber or firewood collection, or structural improvements to attain

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identified goals and objectives for the management area. Map 1 shows the location of the

Sulphur project area.

MAP 1

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B. DESCRIPTION OF THE EXISTING CONDITION Vegetation growth within the project area has been vigorous over the last several decades

and has resulted in a dense overstory (i.e. high crown density). This dense overstory,

combined with the exclusion of wildfire for over a century and dry climate conditions,

has resulted in fuel conditions that favor high intensity wildfire with unpredictable

behavior. Portions of the project area have been previously treated to reduce fuel loading

and protect nearby property in the event of an uncharacteristic wildfire (1995 Cienega

Picnic Area Fuelbreak and 2002 Armijo Fuelbreak). However, these projects were not

maintained and their effectiveness has been compromised due to vigorous spouting of

Gamble oak and juniper as well as needlecast. All of the fuelbreaks are in need of

maintenance.

Landscapes in the proposed project area are currently managed for either the northern

Goshawk or the Mexican spotted owl, as described in the LRMP. Mexican Spotted Owl

(MSO) habitat in the proposed project area include Recovery Habitat (formerly known as

Restricted Habitat) consisting of mixed conifer and minor amounts of riparian habitat.

There are approximately 681 acres of MSO Recovery habitat scattered in patches

throughout the entire project area.

Habitat in the project area consists of Mixed Conifer (681 acres), Pinyon and Juniper

Woodland (544 acres), and Ponderosa Pine (445 acres) as well as riparian areas (7 acres).

Dry Mixed Conifer Habitat Existing Condition: The existing condition of mixed conifer

in the project area, based on stand exam data, is as follows: Density of trees greater than

5” Diameter Breast Height (DBH) ranges from 180-640 trees per acre. In addition stands

have an average of 3,261 trees less than 5” DBH per acre. Overall, canopy closure is

60%+. These areas are primarily even-aged lacking structural diversity. Mixed conifer

forest types in the project area are also experiencing competition which is causing

mortality, declining health, and increased susceptibility to insect and disease activity, as

well as wildfire. Natural canopy gap processes are occurring especially where white fir

has died as a result of broom rust thus producing horizontal variation in stand structure.

As part of the existing condition analysis the CNF conducted a review of stand data at

three scales. The results are presented in the table 1.

Table 1.Vegetative Structural Stage analysis – Mixed conifer forest type.

Scale

VSS 1&2

(0-4.9”

dbh)

VSS 3

(5”-11.9”

dbh)

VSS 4

(12”-17.9”

dbh)

VSS 5

(18”-23.9”

dbh)

VSS 6

(24”+ dbh)

Uneven-

aged

Sandia

EMA

3%

16%

27%

17%

5%

32%

Sulphur

Project

Area

<1%

46%

21%

11%

0%

21%

Stand (site) 15% 37% 22% 11% <1% 14%

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The desired condition of the Mixed Conifer forest type is consistent with requirements set

forth for Management Area 2 in the LRMP, with twenty percent (20%) maintained as

threshold conditions for Mexican Spotted Owl restricted habitat. Densities within the

mixed conifer forest type will be approximately 90-115 trees per acre. Approximately

10% of this forest type will exist as temporary openings for recruitment of the VSS 1 and

2 structural stages. Canopy cover within this forest type will remain intact except for the

temporary openings. 136 acres (20%) will be maintained for MSO threshold conditions.

Riparian Habitat Existing Condition: Riparian areas are located near Canoncito Spring,

Armijo Spring and in the developed picnic areas at Doc Long, Sulphur and Cienega.

There is an overlap of recreation trails and picnic areas with riparian habitat causing

degradation of habitat and displacement of wildlife. Some riparian areas have been

degraded due to non-native plant species invasion and conifer encroachment, as well as

shading and crowding out of riparian vegetation, as a result of past management practices

such as the exclusion of fire. In these areas, there is little shrub or herbaceous understory

and bank stability has been reduced allowing accelerated channel degradation and

increases in sediment.

The desired condition for the riparian habitat type is as follows: Maintain or provide 60

percent of woody plant composition in three or more riparian species or as appropriate for

the site. Plant Structure consists of three age classes of riparian woody plants with at

least 10 percent of the woody plant cover in the sprout seedling and sapling stages and 10

percent in the mature and over-mature. Crown Cover for both trees and shrubs should be

at least 60 percent of natural levels. The desired condition of Mexican Spotted Owl (MSO) habitat is consistent with the CNF

LRMP, to provide three levels of habitat management – protected, restricted, and other

forest and woodland types to achieve a diversity of habitat conditions across the

landscape. The project area includes MSO Restricted Habitat. There are no PACs or

Protected habitat in the analysis area based on surveys conducted to MSO Survey

Protocol. In Restricted Habitat forest direction is to manage to ensure a sustained level

of owl nest/roost habitat well distributed across the landscape and create replacement owl

nest/roost habitat where appropriate while providing a diversity of stand conditions

across the landscape to ensure habitat for a diversity of prey species. A minimal

percentage (10%) of restricted habitat should be managed to have nest/roost

characteristics. The western portion of the project area has been designated to meet the

MSO threshold conditions and will not be treated. Over time, multiple treatments are

needed to create conditions for safely reintroducing fire into the National Forest. This is

due to the nearly total exclusion of fire for a century or more. A return to the more

natural fire regime will reduce the potential for high intensity stand-replacement fire

inside or outside of the Forest. In turn, this will allow continued protection of the habitat

of any threatened, endangered, and sensitive wildlife species in the Forest.

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C. DESCRIPTION OF THE PREFERRED ALTERNATIVE

Following is a Summary of Specific Vegetation Treatments in MSO habitat: Mixed Conifer: Habitat will be managed to ensure a sustained level of owl nest/roost

habitat well distributed across the landscape. Replacement nest/roost habitat will be

created where appropriate while providing a diversity of stand conditions across the

landscape to ensure habitat for a diversity of prey species.

Treatment will promote an uneven-aged forest structure with native species diversity and

natural variation by retaining all age classes and sizes. All large trees over 16” DBH or

DRC will be retained. Treatments will be a “free thinning” of up to 15.9” DBH or DRC

by retaining trees to a residual of 90-115 TPA, (Trees Per Acre) including up to 10% of

trees with dead tops, decadence, and/or irregular crowns to provide habitat for a variety

of prey species. All large oaks and native deciduous hardwoods (10” DRC and greater)

will be retained and natural regeneration will be promoted by removing competing

conifers. Existing patches of snags will not be treated unless determined to be hazard

trees. Twenty percent (136 acres) of the mixed conifer in the project area will not be

treated and will be maintained for threshold conditions for Mexican Spotted Owl

nest/roost replacement habitat Natural disturbance patterns will be mimicked on up to

10% of 149 acres to provide spatial heterogeneity and horizontal variation by creating

temporary openings that range from 1/10th of an acre to ¼ of an acre in size. Key habitat

components (such as an average at least 2 snags and 10-15 tons of downed woody debris

per acre) will be retained. Skid trails, landings and other intensely disturbed areas will be

seeded with native grass/forb/shrub seed mix.

Riparian: Designated native conifers and nonnative (invasive) species will be thinned in

order to move the vegetation in this area towards native hardwoods and riparian

vegetation species. Treatments will create and/or enhance riparian features such as

downed logs and bank stability to provide for wildlife habitat and a functioning riparian

area. Large, downed woody materials (12” diameter midpoint and greater) and snags

within riparian areas will be retained. No skid trails or landings will be located in riparian

areas. Treatment in riparian acres will emphasize maintenance and restoration of healthy

riparian ecosystems through conformance with forest plan riparian standards and

guidelines. Damage to riparian vegetation, stream banks, and channels will be prevented.

In addition, the Canoncito Trail which is poorly located and significantly contributing to

sediment in the drainage as well as damaging the limestone terraces and riparian habitat

will be relocated to will improve riparian habitat. Table 2 is a summary of treatments in

MSO habitat.

Table 2. Treatments in MSO Habitat

Habitat

Type

Acres in

Project

Area by

Habitat

Type

Acres of

Treatment

Acres of

Threshold

Habitat

that will

Not be

Acres

of

Critical

Habitat

Acres of

Temporary

Openings <

1/10th

-1/4

acre in size

Snags

per

Acre

Downed

Woody

Debris

Tons/Acre

6

Treated

Mixed

Conifer-

MSO

Habitat

681 149 136 0 15 2 10-15

Riparian-

MSO

Habitat

7 <3 0 0 2 5-7

Table 3 displays Proposed Vegetation Treatment Methods to meet the Desired Condition

for each Forest Type in MSO Habitat (see Map 2 for locations). Not all treatments types

displayed on Map 2 are in MSO habitat.

Table 3 Treatment Type Cutting Methods

How will excess trees

be cut or otherwise

handled?

Tree Removal

Will cut trees be

removed from the

areas?

Slash Treatment

What happens to tree tops and other material

that remains on the site after cutting?

1 – satisfactory

soils, less than 40%

slope

(274 acres)

Mechanical

mastication

None where

mastication occurs

Masticated material would be spread on site to a

depth of 0”-4”, other cut material lopped and

scattered to a depth of 18” max. Hand piles

may be created where needed and piles will not

exceed 10’x10’ Broadcast burning and/or pile

burning when management prescription

conditions are met.

Chainsaws – contract

or Forest Service

Mechanized feller

Where good access

exists, material

removed under

permits for

personal use

firewood and

Stewardship

Project contracts.

No cross country

travel permitted

where erosion

hazard is severe.

2 - impaired soils

with less than 40%

slope

(68 acres)

Mechanical

mastication

None where

mastication occurs

Masticated material would be spread on site to a

depth of 0”-4”, other cut material lopped and

scattered to a depth of 18” max. Hand piles

may be created where needed and piles will not

exceed 10’x10’ Broadcast burning and/or pile

burning when management prescription

conditions are met.

Chainsaws – contract

or Forest Service

Mechanized feller

Personal use

firewood permits

and Stewardship

Project contracts.

3 - unsatisfactory

soils with less than

40% slope

(5 acres)

Treatments based on

the needs to enhance

or maintain the soil

condition –

mechanized feller,

hand felling, or no

cutting

None Cut material will be lopped and scattered to a

depth of 18” max. Hand piles may be created

where needed and piles will not exceed 10’x10’

Broadcast burning and/or pile burning when

management prescription conditions are met.

7 – no treatment

areas – (215 acres)

with 136 acres of

mixed conifer set

aside for Mexican

Spotted Owl

None None None

7

restricted habitat

Map 2.

Slash Disposal

Activity fuel such as bole wood, slash, hand piles, and mastication grindings would be

treated as needed to meet fuels reduction and scenic quality objectives through prescribed

burning and/or pile burning when conditions allow for safe and effective burning. All

prescribed burning would comply with Bernalillo County air quality regulations and will

be approved through appropriate permitting processes.

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D. SPECIES IDENTIFICATION

The following Endangered and Threatened species are considered as having the potential to occur within the analysis areas. U.S. Fish and Wildlife Service species lists were consulted for identification of species. County lists referred to included Bernalillo County. The following species were identified with the Information,

Planning, and Conservation (IPaC) decision support system. Table 4. Federally-listed species potentially occurring in Bernalillo County.

Common Name Scientific Name Group Status

Mexican spotted owl

Strix occidentalis lucida Birds Threatened

Southwestern Willow

flycatcher

Empidonax traillii

extimus Birds Endangered

Yellow-Billed

Cuckoo

Coccyzus americanus Birds Proposed Threatened

Rio Grande Silvery

minnow

Hybognathus amarus Fishes Endangered

New Mexico meadow

jumping mouse Zapus hudsonius luteus Mammals Proposed

Endangered The only species with habitat in the analysis area is the Mexican spotted owl. None of

the other species will be considered further in this Biological Assessment because their

habitat does not occur in the project area or the project area is not within their known

range.

E. SPECIES EVALUATION

1. Mexican spotted owl (Strix occidentalis lucida) Threatened, endangered, or proposed wildlife species which may occur or have potential

habitat in the project area include the Mexican spotted owl (MSO). No known Protected

Activity Centers (PACs) or Designated Critical Habitat occur within the project

boundary; potential Recovery Habitat exists in the 681 acres of mixed conifer forest and

the 7 acres of riparian habitat. The analysis of effects to MSO is being considered

under the 1995 MSO recovery plan rather than the 2012 MSO Recovery Plan

Revision since the project was scoped with the pubic prior to the release of the 2012

Recovery Plan.

a. Data Sources, including surveys conducted: The Sulphur project area was surveyed to protocol in 2008 and 2009 but no owls were located. Previously, all suitable habitats in the Sandia and Manzanita Mountains were surveyed to protocol in 1990-92 and again in 2004-2006. The analysis area is not within designated Critical

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Habitat or Protected Habitat for the MSO, and is within the Basin and Range East Recovery Unit. Only one MSO territory was known on the Sandias, within the Sandia Wilderness Area on the northwest side of the District, until May, 2014 when a single male was discovered in Tecolote Canyon. This territory is located outside of the project area, but the PAC boundary has not been delineated. Two years of surveys on the mixed conifer portion of the adjacent Hondo project area did not find the owl to be present either. Those surveys were also conducted to protocol in 2008 and 2009. Further surveys are being conducted in support of the La Madera Landscape level project in the Sandias to the north of the project area. This is where the single male was discovered in May, 2014. b. Affected Habitat Description: The project area is in the Basin and Range East Recovery Unit (now known as Ecological Management Unit). There is no Protected Habitat in the project area. Restricted Habitat in the project area is comprised of mixed conifer and riparian vegetation. In the mixed conifer forest, much of the habitat

in the project area is in canyon bottoms and north facing slopes. Old growth trees with

associated downed logs and woody debris are present and will be managed as important

habitat features. Springs, seeps, and other water sources are located in the project area

and are more common in the mixed conifer habitat type, as are rock outcrops and snags.

Management of habitat for the Mexican spotted owl is the primary consideration for

management of this habitat type.

c. Analysis of Effects: Alternative B: In general the Preferred Alternative (Alternative B)

provides reduced potential of stand replacing wildfire since fuels would be reduced

throughout the area. An uneven-aged forest structure with native species diversity and

natural variation would be created by retaining all age classes and sizes. All large trees

over 16” DBH or DRC will be retained.

The proposed action incorporates designs to lessen effects to Mexican spotted owl.

Implementation of Alternative B would provide essential habitat components such as

snags, downed logs, residual basal area, and canopy cover necessary for potential

occupancy of the Mexican spotted owl and Northern goshawk.

Table 5 - Summary of Effects Determinations to Mexican Spotted Owl Species by

Alternative

Species Alternative A-No Action Alternative B

Mexican

spotted

owl

There will be a continuation of fuels

build-up and small diameter (ladder)

trees, leading to a potential crown

fire if wildfire occurs in the area.

Important habitat features such as

snags, and large down logs could be

burned. Riparian habitat would not

be improvedthrough the relocation

of the Canoncito Trail and removal

This alternative would reduce ladder

fuels; maintain snags, downed logs and

residual basal area for potential MSO

occupancy on 681 acres of mixed

conifer habitat. Tree cutting would

occur in unoccupied mixed conifer

habitat, with methods and results being

consistent with the Forest Plan. Trail

reroutes are generally located outside

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The threat of catastrophic wildfire is one of the threats identified in the Mexican Spotted Owl Recovery Plan (1995). Prescribed burning stands and keeping fire “on the ground” by reducing ladder fuels will help protect not only neighboring land jurisdictions, but may aid in reducing the spread of fire into higher elevation mixed conifer in the Sandia and Manzano Wilderness areas (higher quality MSO habitat). Snags and dead trees will be retained (all species of trees); and large woody debris will be retained. The CNF LRMP Plan Amendment regarding Restricted Habitat also has basal area requirements for post-treatment retention in mixed conifer. The following table (with the Basin-Range East Recovery Unit highlighted in bold type) notes basal area standards Table 6.

VARIABLE Mixed Conifer

ALL RU MC

Basin Range-E RU MC

OTHER RU

Pine-oak

Restricted area % 10% +10% +15% 10%

Stand Average for Basal area:

170 150 150 150

18 inch + trees/acre 20 20 20 20 Oak basal area NA NA NA 20

% total existing stand density index by size class: 12-18” 10 10 10 15

18-24” 10 10 10 15

24+” 10 10 10 15 Using the above guidelines, burning activities will retain key habitat components of MSO habitat. Eventually owls may utilize the project area as dispersal habitat. The expected improvement in understory plant species composition would allow for greater prey species diversity of small mammals such as vole and deer mice species. No livestock grazing occurs in the Sandia Mountains, so understory recovery will not be impacted by cattle;. Since marginal nest/roost habitat exists, project actions may increase the value of the area as a foraging site for MSO. d. Determination of Effect/Recommended Mitigation:

of selected overstory trees to favor

deciduous riparian species.

In the long term disease, insects and

drought may create some natural

variation in the mixed conifer

habitat.

of MSO habitat. Existing trail rerouting

is in riparian habitat causing short-term

effects due to rehabilitation efforts. In

the long term, riparian habitat will be

improved.

May affect species, not likely to

adversely affect species or its habitat.

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No affect to species or its habitat. X May affect species, not likely to adversely affect species

or its habitat. May beneficially affect species or its habitat. Likely to adversely affect species or its habitat.

G. OTHER SPECIES CONSIDERED BUT NOT EVALUATED The U.S. Fish and Wildlife Service list of threatened, endangered, and proposed species

which may occur in Bernalillo County was reviewed to determine potential wildlife and

plant species which may occur in the analysis area. The following Threatened, Endangered, or Candidate species in Bernalillo and Bernalillo Counties were considered but not evaluated due to the absence of suitable or potential habitat in the analysis area. There is no Critical Habitat for listed species in the analysis area.

Table 7. Federally-listed species considered but not evaluated.

Common Name Reason Southwestern Willow flycatcher No suitable or potential habitat. Yellow-Billed Cuckoo No suitable or potential habitat. Rio Grande Silvery minnow No suitable or potential habitat. New Mexico meadow jumping

mouse No suitable or potential habitat.

H. CONSULTATION COMPLETED TO DATE There has been no formal consultation with the U.S. Fish and Wildlife Service to date. A complete list of all federally-listed and candidate species potentially occurring in Bernalillo County was compiled. All species on this list with potential to occur in habitat where the proposed action will occur were evaluated and discussed. Other species were not discussed because they occupy habitat types not applicable to the project area. I. SIGNATURES Prepared by: /s/ Zachary D Parsons __Date: 05/15/2014 Zachary D Parsons, Zone Wildlife Biologist J. LITERATURE CITED USDA Forest Service. 2000. Biological Assessment on Wildland/Urban Interface

Catastrophic Wildfire Risk Reduction Projects. Southwestern Region, Albuquerque, NM, USA.

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USDA Forest Service. 1985. Cibola National Forest Final Land and Resource Management Plan (LRMP) Environmental Impact Statement (EIS). Supervisor’s Office, Albuquerque, NM, USA. http://fsweb.cibola.r3.fs.fed.us/planning/index.shtml

USDI Fish and Wildlife Service. 2011. List of species by county for New Mexico:

Bernalillo, Bernalillo. Ecological Services, Albuquerque, New Mexico. http://www.fws.gov/southwest/es/EndangeredSpecies/EndangeredSpecies_Lists/EndangeredSpecies_ListSpecies.cfm

USDI Fish and Wildlife Service. 1995. Recovery plan for the Mexican spotted owl:

Vol.I. Albuquerque, New Mexico. 347pp. http://warnercnr.colostate.edu/~alanf/reprints/mso_rec_plan.pdf